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The Sandiganbayan Third Division has placed Senator Rodante Marcoleta on preventive suspension in connection with the plunder charge he is facing before the anti-graft court over alleged undeclared campaign contributions worth P75 million.
The anti-graft court said the suspension issued on October 19 is anchored on the Plunder Law (Republic Act 7080) and the Anti-Graft and Corrupt Practices Act (Republic Act 3019).
“There is no requirement for a pre-suspension hearing before an accused can be preventively suspended in a case of plunder under the court's Internal Rules or in jurisprudence,” the anti-graft court said.
“The provisions on preventive suspension under the Plunder Law and the Anti-Graft and Corrupt Practices Act are worded similarly, and both laws provide that preventive suspension is mandatory when there is a valid information,” it added.
Likewise, the Sandiganbayan said the plain reading of the factual allegations in the informations, when hypothetically admitted, sufficiently constitute the elements of plunder and violation of Presidential Decree 46 prohibiting public officials from receiving gifts.
The same resolution states that Marcoleta will automatically be lifted upon the expiration of the 90 days from the suspension’s implementation.
Marcoleta’s co-accused in the case include the alleged donors of the P75 million, namely former Anakalusugan party-list Rep. Mike Defensor, as well as businessman Joseph Espiritu and Aristotle Viray. –NB, GMA News